Our Oath Has No End Date
- Tim Taylor
- May 6, 2020
- 4 min read
Our Oath Has No End Date
We’ve all taken it, the Oath of Enlistment. When did you take it? Where did you take it? What feelings ran through you? I was 17 at MEPS in Phoenix, AZ. I was so nervous, proud, and anxious to start this next chapter in my life. To date, I’ve served 13 years in the Marine Corps. When I end my service, does my promise to defend the Constitution just end?I am going to ask many questions, and I won't try to answer them all. Let’s start with the foundation of this article.
The Oath of Enlistment:
I, (NAME), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.
The first oath was created in 1775 during the process of creating the Continental Army. This oath has evolved over the years to the one we swear by today. The first oath under the Constitution was created in 1789 and lasted until 1960 when the oath we all know was approved by Congress and implemented in 1962. (1) You can view the oaths over the years in footnote 1. It also has a brief history of the oath. Now, on to the questions.
“I will support and defend the Constitution of the United States against all enemies, foreign and domestic.” The foreign part of this statement is easy. Domestic enemies is the more difficult term to interpret. In my humble, non-expert opinion, a domestic enemy to our Constitution is anyone who perverts it outside its text, or considers it suspendable during a crisis. Which, of course, leads us to the 10th Amendment. It reads:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. (2)
This Amendment gives States and the people quite a bit of discretion on most things, but not all. The rights enumerated in the Bill of Rights(3) are guaranteed and protected by the Constitution and are not meant to be suspended on a whim by State and Local Governments for any reason. It’s meant to restrict government, not the people. Quick note: courts have held that States have authority to implement quarantines, as long as they are reasonable and non-discriminatory. (4)
With this in mind, in our oath we promise to support and defend the Constitution from all enemies foreign and domestic. If it comes down to defending it against a tyrannical government (ours, state or federal), that has the potential to be considered treason. According to the Constitution:
Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. (5)
At what point does fulfilling your oath become treason? Can it ever be treason? At what point would you decide to turn on your government? How far would you let it go before you took that risk? In the minds of many veterans, we quickly jump to forming militias as the first line of defense of our Constitution and way of life. Is all out revolution the only way to defend the Constitution? When and for how long do we take a backseat to those who wish to pervert our Constitution? What other options do we have when things get to be too much?
I don’t necessarily have answers to all these questions, and I won't try to answer them for you. They are for you to personally ponder. I would say that an all out armed revolution against our government, at any level, would probably be treason, but I’m no expert. However, that’s not the only way to defend the Constitution. The other way takes more effort, but is worth the fruit in the end.
I’ve read from some that your oath ends when your service ends. But I can’t understand how you can simply give up taking an active role in the process. I simply can’t get behind that mindset. When you get that coveted DD-214, it’s simply just verification of the honorable end of your active service. To me, it does not nullify your oath. It is, however, your right to live as you please. I don’t look at someone differently if they decide to keep to themselves. We took that oath because we believed in the American experiment. Because the Constitution and the founding fathers had it right, and that what they created was something worth fighting for. Not just for a few years.
So, when does our oath end? When does our duty to serve end? Never. Our oath has no end date. We must become involved in our local, state, and national political affairs. It's our duty to do so and to carry on our mission to support and defend the Constitution. Get involved in the political process at any and all levels. I know most people hate politics/politicians. I get it. As Thomas Paine said “Government, even in it’s best state, is but a necessary evil; in its worst state, an intolerable one.” For centuries, men and women have fought and died for the American dream. As the surviving few who have sworn an oath, it becomes incumbent upon us to continue to support and defend the Constitution in any capacity we see fit.
Semper Fidelis
Tim Taylor
“All men are afraid in battle. The coward is the one who lets his fear overcome his sense of duty. Duty is the essence of manhood.” - Gen. Patton
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